Missed jury service: One excused, other to return

Judge skips contempt findings for two people who didn't show for federal jury duty in Vermont

Feb. 13, 2013

Written by

Free Press Staff Writer

A federal judge has decided not to hold two people in contempt of court after they failed to appear for jury selection in U.S. District Court earlier this year.

Judge William K. Sessions III explained to David E. Terrill of Williston and Shauna Barbeau of Montgomery Center that jury duty is a fundamental part of the nation’s criminal justice system, and ignoring a federal court summons is a serious matter.

Terrill and Barbeau were summoned for jury selection in Burlington on Jan. 8, but both failed to appear.

Barbeau also did not show up on time Wednesday for her hearing about whether she should be held in contempt for ignoring the summons. Sessions told the U.S. Marshal’s Service to try to reach her by phone and see why she was a no-show — again.

“Otherwise we’re going to have to go pick her up,” Sessions said late Wednesday morning.

Sessions said if she did not arrive by 3 p.m., he was prepared to order deputy marshals to go to her home or job and bring her to court. Barbeau arrived in the early afternoon and told the judge she was late because she did not have a vehicle, and a ride had fallen through.

Sessions agreed not to extend Barbeau’s jury duty. She told the judge she had a hardship because of not having transportation, and also going to school and working.

Terrill, though, was ordered to come back for jury service. Burlington lawyer Paul Volk, who represented Terrill, said his client became busy because of a crush of work and had every intention to respond for jury duty, but got swamped.

Sessions told Terrill he will be required to report again March 6.

Terrill and Barbeau had faced a maximum penalty of three days in prison and a $1,000 fine for not showing up for jury duty.

Federal Court Clerk Jeff Eaton said this week it’s rare to have somebody skip jury duty. He said he recalled one other case where a no-show was required to appear in court for a contempt hearing.

Federal court jurors receive $40 a day for attendance and 56.5 cents a mile for travel.